Hong Kong residents on delayed forced departure from the United States can apply for employment authorization | Jackson Lewis PC

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Instructions for beneficiaries of delayed forced departures (DED) from Hong Kong to apply for a work permit were published in the Federal Register.

On August 5, 2021, President Biden DED granted to certain eligible Hong Kong residents for 18 months, until February 5, 2023, and ordered that instructions on how to apply for a work permit be issued. DED is a humanitarian administrative stay of removal and is authorized on the basis of the president’s constitutional authority to conduct foreign relations. It is generally granted when foreign nationals in the United States might face danger if they were to return to areas or countries experiencing political instability, conflict, or other dangerous conditions.

Those eligible for the Hong Kong DED must, among other things:

  • Hold a Hong Kong Special Administrative Region passport, British Overseas National Passport, British Overseas Citizen Passport, Hong Kong Permanent Identity Card, or Hong Kong Identity Document Hong Kong special administrative region for visa purposes;
  • Be present and resided continuously in the United States since August 5, 2021; and
  • Not have voluntarily returned to Hong Kong or the People’s Republic of China after August 5, 2021.

There is no “application” for the DED, but those who are eligible for the DED can apply for an Employment Authorization Document (EAD). To do this, the applicant must:

  • Submit an application for employment authorization (form I-765) and indicate that they are eligible for the DED, which corresponds to category (a) (11) of the form;
  • Submit the requested documentation in accordance with the instructions on the form; and
  • Submit the fee ($ 410) or request a fee waiver.

USCIS will notify the applicant if biometrics are required.

EADs, including those issued on the basis of DED, are List of documents A for the purpose of verifying eligibility for use of Form I-9 and must be accepted as such.

The instructions state that DED recipients may also apply for a Travel Authorization (Advance Parole), which will be granted at the discretion of the Department of Homeland Security. Filing for early parole means filing with USCIS an I-131 form with the appropriate fees. Form I-131 can be filed at the same time as Form I-765.

For more detailed instructions, please To see the Federal Register.


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